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Chapter 115-3 CLAIMS OF $5000.00 OR LESS

Rule 115-3-.01 Board Authorized to Direct Payment by Department or Agency

(1) When the total amount of a claim against the state is $5,000.00 or less, and the incident giving rise to such claim occurred on or subsequent to July 1, 2000, the Board shall be authorized to direct the state department or agency affected by the claim to pay the claimant such amount, not exceeding $5,000.00, as may be authorized by the Board pursuant to its statutory authority.
(2) The rules and regulations in this Chapter shall also apply to any claim against the state in the amount of $5,000.00 or less if the date of the occurrence giving rise to such claim was prior to July 1, 2000.

Rule 115-3-.02 Notice of Claim of $5,000.00 or Less

(1) If a citizen has a claim against the state subject to the provisions of this Chapter, such person may file such claim with the Board by filing a Notice of Claim on forms provided by the Board. No claim shall be considered by the Board unless such Notice of Claim has been filed. Each Notice of Claim shall include a sworn description of the incident signed by the claimant.
(2) No claim under this part shall be considered by the Board unless Notice of Claim has been filed with the Board within two years after the date of the event giving rise to the claim.
(3) A claimant who filed a Notice of Claim under the procedures applicable to such claim prior to July 1, 2000, and the amount of the claim is less than $5,000.00 but more than $500.00, the claimant shall have the option of seeking a compensation resolution from the General Assembly. All claims pending on the effective date of O.C.G.A. § 28-5-85, or thereafter if such claim is based on an occurrence which took place before July 1, 2000, for $500.00 or less, shall be settled exclusively through the Claims Advisory Board.

Rule 115-3-.03 Acknowledgment of Receipt of Notice of Claim

The Board shall acknowledge receipt of the Notice of Claim to the claimant and shall send the claimant a list of required supporting documents.

Rule 115-3-.04 Supporting Documents Required

The Board shall not take action on a claim made under this Chapter until all supporting documents requested by the Board have been received and filed with the Board. The following supporting documents, where applicable, shall be filed by the claimant or on his/her behalf:

(a) Copy of accident/incident report signed by investigating officers-State Patrol, County Police, City Police, Campus Police, Security Officer, etc., if applicable;
(b) claimant's affidavit concerning receipt of compensation from insurers or third parties on form provided by Board;
(c) if any insurance has been paid or is payable, a waiver of claim form executed by the insurer;
(d) receipted itemized repair bill, or two estimates of repair;
(e) physician's statement as to nature, cause and extent of injury or illness;
(f) sworn itemized list of all medical bills (physicians, hospital, drugs, etc.) with bills or copies of bills attached;
(g) sworn affidavit as to the value of property on which total loss is alleged;
(h) if property is a total loss and has been sold for salvage or will be sold for salvage, a sworn affidavit from dealer indicating the salvage value of the property or evidence showing the exact amount received for salvage;
(i) claimant's "Settlement Agreement, Covenant Not to Sue and Release", on form provided by Board:
(j) such other supporting evidence claimant may wish to provide, in affidavit form;
(k) such other supporting data or documentation as the Board may request in writing for proper evaluation of a particular claim.

Rule 115-3-.05 Notification of Department or Agency

(1) When a claim under this Chapter is filed with the Board, the Board shall notify the department or agency of the state government affected by such claim of the basis for such claim, and such notice shall include any information submitted by the claimant in support of such claim.
(2) Within 45 days after receiving such notification, it shall be the duty of such state department or agency to submit a report to the Board on forms provided by the Board, setting forth the findings of such state department or agency relative to such claim. Said report may make a recommendation to the Board relative to the payment of such claim, but such recommendation shall not be binding upon the Board.

Rule 115-3-.06 Meetings

(1) The Board shall meet as often as necessary to adequately perform its functions under this Chapter, and no less than four times per calendar year.
(2) Claimants shall be given reasonable notice of the time and place of the meeting at which his/her claim is to be considered.
(3) The department or agency against which the claim is directed shall be given reasonable notice of the time and place of the meeting at which the claim is to be considered.
(4) No claim shall be placed on the agenda for review by the Board unless all supporting documents requested by the Board have been on file for at least 14 days prior to the scheduled meeting date. The Board Chairman shall have the authority to waive this requirement for good cause shown by the claimant.
(5) Proceedings before the Board shall be informal in nature, and shall not be subject to the provisions of the Georgia Administrative Procedure Act governing contested cases. Neither the claimant (with or without counsel) nor the agency representative shall be required to appear at the Board meeting, but may request in writing to be placed on the agenda for 15 minutes each, absent a showing that further time is necessary for proper presentation of the facts surrounding the claim which determination shall be made by the chairman. Persons in the custody of the State can appear in person only at the discretion of the Board.

Rule 115-3-.07 Decision of Board

(1) After reviewing and considering all information submitted by a claimant in support of the claim against the state and the report of the state department or agency affected by such claim, the Board shall make a determination either to pay or reject such claim against the state.
(2) If the claimant is a state employee and the claim arises out of the performance of the claimant's duties, the Board, in its discretion, will authorize payment only for items that are shown by the claimant to be either required or deemed by the Board to be reasonably necessary for the performance of claimant's duties and not used merely for convenience or esthetic value.
(3) The Board, in its discretion, will not authorize payment of any part of any claim which arises as a result of:
(a) the commission of an illegal act by the claimant; or
(b) the violation by the claimant of an internal disciplinary rule or regulation promulgated by the department or agency against which the claim is filed, including, but not limited to:
1. rules pertaining to the prevention of violence or abuse or threats of violence or abuse against another person;
2. rules pertaining to safety, security and orderly operation;
3. rules relating to possession, manufacture or introduction of contraband;
4. rules relating to possession or acquisition of property by fraud or deception.
(4) The Board shall make no recommendation regarding any claim which is the subject of pending litigation.
(5) The Board shall not be bound by the total amount claimed against the state and may authorize the payment of a lesser amount.
(6) The Board shall not approve any claim for, or on behalf of, any person who is or was at the time of the alleged loss an inmate in the custody of the Department of Corrections.
(7) If the Board determines that the claim against the state is justified and that the amount of such claim, or a portion thereof, should be paid, it shall issue its order to the chief executive or administrative officer of the state department or agency affected by such claim ordering such officer, within 30 days after receipt of such order, to pay the claimant the amount specified by the Claims Advisory Board in its order contingent upon the claimant's execution of the appropriate "Settlement Agreement, Covenent Not to Sue and Release" form. A copy of such order shall be mailed to the claimant.
(8) If the Claims Advisory Board determines that the claim against the state should be rejected, it shall notify the claimant of such rejection, and such notice shall explain the reasons for such rejection. A copy of such notice to the claimant shall be sent to the state department or agency affected by the claim.
(9) The decision of the Claims Advisory Board shall be final.

Rule 115-3-.08 Claims Paid or Payable by Insurance

The Board shall not authorize or direct the payment of any part of any claim under this Chapter which is paid or payable by insurance, nor shall the Board authorize or direct payment to any insurer of the aggrieved party.

Rule 115-3-.09 Payment of Claim in Full and Complete Settlement

Any payment made to a claimant under this Chapter shall be in full and complete settlement of any claim against the state arising from said occurrence, and each claimant, as a condition precedent to receiving payment, shall execute a "Settlement Agreement, Covenant Not to Sue and Release" form provided by the Board.